Chapter 4733-39 Certificate of Authorization

Pursuant to section
4733.16 of the Revised Code,
these rules shall be implemented to define the filing requirements for a firm,
partnership, association, limited liability company or corporation to obtain a
"Certificate of Authorization" to practice professional engineering and/or
professional surveying in the state of Ohio.

(A)
"Responsible charge" means being in
control of, accountable for and in either direct or indirect supervision of the
engineering and/or surveying activities of the business enterprise.

(B)
"Fulltime" as stated in division (D) of section
4733.16 of the Revised Code
means working more than thirty hours per week or working substantially all the
engineering or surveying hours for a firm, partnership, association, limited
liability company or corporation that holds a certificate of
authorization.

(C)
"Corporation" or "domestic corporation" means a
corporation for profit formed under the laws of this state as defined in
section 1701.01 of the Revised Code or
"foreign
corporation"
as defined by division (B) of section
1703.01 of the Revised Code
which has obtained a license from the secretary of state of Ohio and has
complied with all the provisions of Chapter 1703. of the Revised
Code.

(D)
"Partnership" means an association of two or more persons to
carry on as co-owners of a business for profit as defined in section
1775.05 of the Revised
Code.

(E)
"Limited
partnership"
is a partnership formed by two or more persons under the provisions of section
1782.02 of the Revised
Code, having as members one or more general partners and one or more limited
partners. The limited partners as such shall not be bound by obligation of the
partnership as defined in section 1782.01 of the Revised
Code.

(F)
"Limited
partnership association" means when any number of persons, not less than
three nor more than twenty-five form a limited partnership association as
defined by Chapter 1783. of the Revised Code.

(G)
"Professional association" means any
association organized under sections
1785.01 to
1785.08 of the Revised Code, for
the sole purpose of rendering one of the professional services authorized under
Chapters 4703. and 4733. of the Revised Code.

(H)
"Limited liability company" means any
company organized under Chapter 1705. of the Revised Code.

(A)
Under provisions of section
1701.03 of the Revised Code, a
corporation formed under Chapter 1701. of the Revised Code after November 14,
1982 may offer architectural, landscape architectural, professional engineering
or professional surveying services or any combination thereof provided these
corporations file with the appropriate board and meet the requirements of each
board or filing and procuring a "Certificate of Authorization" in accordance
with Chapters 4703. and 4733. of the Revised Code.

(B)
Any firm, partnership, association,
limited liability company or corporation which holds a
"Certificate
of Authorization" under these rules and which otherwise meets the
requirements of Chapter 4733. of the Revised Code may be organized for any
purposes for which business enterprises may be organized under Chapters 1701.,
1705., 1775., 1782., 1783. and 1785. of the Revised Code and shall
not be limited to the purposes of providing professional engineering,
surveying, architectural, or landscape architectural services or any
combination thereof.

(C)
If all
requirements of this rule are met, the board may issue a
"Certificate
of Authorization" to the firm, partnership, association, limited
liability company or corporation. Forms for initial application will be
provided by the board. This "Certificate of Authorization" must be renewed
annually.

(A)
Under provisions of section
4733.16 of the Revised Code,
each firm, partnership, association, limited liability company or corporation
holding a "Certificate of Authorization" shall annually file no later than June
thirtieth with the board on forms provided by this board, the name and address
of each owner and the name and address of all persons designated as being in
responsible charge of the professional engineering and/or professional
surveying activities and decisions, who must be registered in Ohio as
appropriate.

(B)
If there is any
change in any of the above between intervals of filing, the change will be
filed with the board by notarized letter within ninety days of the change.

(C)
If all the requirements of
this rule are met, this board shall issue a renewal "Certificate of
Authorization" to the firm, partnership association or corporation for the
ensuing state fiscal year upon application and payment of the appropriate fee.

(D)
Annual renewal "Certificate of
Authorization" will be issued by the board within thirty days after the
approval of the renewal application.

(E)
The "Certificate of Authorization" for
all firms, partnerships, associations, limited liability companies or
corporations whose annual renewal filing is not received by the close of
business on June thirtieth will expire and be invalid. The "Certificate of
Authorization" for all firms, partnerships, associations, limited liability
companies or corporations which have expired may be renewed within twelve
months of the expiration date. The delinquent fee established by rule
4733-39-06 of the Administrative
Code, which shall be fifty per cent greater than the annual renewal fee, must
be paid to the board. The requirements of paragraph (A) of this rule must also
be met. If a"Certificate of Authorization" is not renewed within twelve months
from the expiration date, the said firm, partnership, association, limited
liability company or corporation must make application for a new "Certificate
of Authorization" in accordance with the requirements of rule
4733-39-03 of the Administrative
Code and pay the appropriate fee.

(A)
A
"Certificate of Authorization" shall be issued by this board to all firms,
partnerships, associations, limited liability companies or corporations which
meet the requirements of Chapter 4733. of the Revised Code and pay the
appropriate fee.

(B)
If there is
any change in the identity of any of the persons designated as being in
responsible charge of the professional engineering or professional surveying
activities and decisions of an entity holding a "Certificate of Authorization"
under Chapter 4733. of the Revised Code, the board shall be notified per rule
4733-39-04 of the Administrative
Code.

(C)
A new "Certificate of
Authorization" shall be required in the following situations:

(1)
Upon the change of the name of any
corporation, partnership, limited liability company or professional association
holding a "Certificate of Authorization" performing engineering or surveying
services in this state.

(2)
Upon
the failure of any holders of a "Certificate of Authorization" to renew the
"Certificate of Authorization" within twelve months of the expiration date.

(D)
A "Certificate of
Authorization" shall authorize the firm, partnership, association, limited
liability company or corporation to provide the professional service for which
they qualified for that state fiscal year. A renewal will be required at the
end of each fiscal year. The "Certificate of Authorization" renewal letter
shall indicate the professional service or services the business enterprise is
authorized to provide.

(E)
Any
firm, partnership, association, limited liability company or corporation
offering the services of professional engineering and/or professional surveying
shall post the current "Certificate of Authorization" issued by this board
conspicuously in its place of business where the public can readily examine
said certificate.

Corporations which were granted a charter prior to August 7,
1943, to engage in providing engineering and/or surveying services, or were
otherwise lawfully providing engineering and/or surveying services prior to
November 15, 1982 are exempt from the requirements of these rules. Professional
associations which comply with Chapter 1785. of the Revised Code and were
incorporated prior to November 15, 1982 are also exempted.